Delhi HIgh Court

Delhi HC: Directors of KKSIL Denied Bail in Fatal Unmarked Pit Accident

Updated
Feb 25, 2026 11:34 PM
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Summary: The Delhi High Court has refused to give Himanshu Gupta and Kavish Gupta, directors of KKSIL, permission to avoid arrest in a case where a young motorcyclist died after falling into an unmarked pit in Janakpuri, Delhi.

The Incident

On February 6, 2026, a tragic accident happened in Janakpuri, New Delhi. A young motorcyclist fell into a 20-foot-deep hole dug by the Delhi Jal Board for sewer work, leading to his death. The hole did not have any safety measures like barriers or warning signs.

Court's Decision

The court, led by Justice Swarana Kanta Sharma, refused bail on February 25, 2026. The judge highlighted the seriousness of the carelessness involved, noting that the lack of safety measures directly caused the accident.

"Digging a hole as deep as 14 feet in the middle of a busy public road without proper safety measures shows not only carelessness but also awareness of a high chance of someone getting hurt or dying."

Investigation Findings

The investigation showed several important failures:

  • No Safety Measures: Video footage showed no warning signs or barriers were in place at the time of the accident.
  • Actions After the Incident: After the accident, a worker was seen quickly putting up barriers, suggesting an attempt to hide the carelessness.
  • Communication Evidence: WhatsApp messages showed that Himanshu Gupta was told about the accident soon after it happened but did not report it to the authorities.

Contractual Obligations

Himanshu and Kavish Gupta's company, KKSIL, was supposed to follow safety rules according to their contract with the Delhi Jal Board. The court pointed out that:

  • Subcontracting Issues: KKSIL gave the work to another company, M/s Trimurti Associates, without proper permission.
  • Responsibility: The main contractor, KKSIL, was responsible for making sure the site was safe, a job they failed to do.

Arguments and Court's View

The applicants claimed they were suspended directors and not involved in daily operations. However, the court found evidence suggesting they were actively involved in the project.

"The careless disregard for human life, as shown by the evidence, suggests that for the accused, avoiding trouble with the law was more important than saving a human life."

Verdict Summary

The court's decision shows a strong position on holding people accountable for public safety, emphasizing the need to strictly follow safety rules in public works. The refusal of bail highlights the seriousness of the carelessness involved and the need for a thorough investigation.

Tags:
Public Safety
Criminal Law
Motor Accidents Claims Tribunal